Dowhigh Terms & Conditions
1. “The Company” means Dowhigh Ltd. “The Works” means the work undertaken by the Company and specified in the Quotation and the Bills of Quantities attached hereto. “The Customer” means the person, firm or company to whom the Company’s Quotation and acceptance of orders are addressed.
2. The Company’s offer will remain open for a period of 28 days from the date hereof and can only be accepted in its entirety. No contract shall be made until the Company has accepted any order arising hereunder in writing. The conditions of this Quotation shall be deemed to be incorporated into any contract arising from this Quotation. Any stipulation or condition which would conflict with or in any way vary, qualify or negate any of the conditions contained herein shall not be binding on the Company unless expressly agreed in writing.
3. The maximum number of visits allowed for is shown on the front hereof. Any additional visits will be subject to an extra charge for all additional costs incurred including transporting labour and plant to and from site, reduced output and any other consequential effects. The works are to be carried out to a programme mutually agreed prior to the Company’s acceptance of the Customer’s order, which programme shall be of the essence and incorporated in any resulting contract.
4. The works will be executed during the Company’s normal working in a five day working week, Monday to Friday inclusive. Any work executed outside these hours, either on the instructions of the Customer or due to causes beyond the Company’s control, shall be subject to an additional charge.
5. The Customer is required to make available, for inspection and checking of levels, all areas that are required to be surfaced, at least 48 hours before laying is due to commence. Levels of existing surfaces will be checked and agreed in writing with the Customer’s authorised representative before laying begins. If, to meet specified levels, the thickness of the first course, or any subsequent course where finished level has been predetermined, exceeds the nett thickness described in the Company’s Quotation, the amount of variation to specified thickness will be computed, from either agreed levels or the use of a rate of spread factor, and will be subject to an adjustment charge. No allowance has been made in respect of any of the tolerances indicated in the specification, the Company’s rates are calculated on the nett thickness specified in the Bills of Quantities or by the Company’s Quotation.
6. Unless specifically detailed in this Quotation, no allowance has been made for cleaning or any other preparatory work required prior to or during the Company’s works, including any that is brought about by the use of unpaved roads of accesses, or for the application of tack coat, bituminous sealing grit or surface dressing.
7. This Quotation is based upon the Company’s current costs including the current rate for labour, materials, transport and handling and is subject to fluctuations in the event of any change in the cost thereof. Such fluctuations to be subject to an additional charge in respect of overheads and profits equal to 12½% of the charge of cost, or as detailed on the front thereof.
8. This Quotation is submitted subject to the availability of supplies, materials, plant and labour when the work is due to be executed.
9. Payments are to be made to the Company nett cash within 28 days of the Company’s invoice. Unless previously agreed otherwise by the Company the deduction of retention monies is disallowed. In the event of the Customer failing to make full payment on the due date the Company reserve the right to suspend further works for the Customer and to charge interest at 2% per month on any outstanding balances.
10. The final value of the works executed by the Company shall be established and agreed by joint remeasurement on completion of the Company’s works and such measurement shall be binding on both parties, the quantities shown in the Company’s Quotation being approximate only. In the event of any dispute as to measurement, payment shall be made in respect of such amount that has been agreed and disputes resolved within fourteen days. In the event of the works continuing more than one month, interim monthly accounts shall be prepared in accordance with the foregoing procedure. Any work instructed to be carried out on a day work basis will be paid for in accordance with the F.C.E.C. Day Work Schedule current at the time of execution, or at Day Work Rates agreed prior to the commencement.
11. The Customer shall have no right of set-off against the Company.
12. This Quotation is exclusive of any additional costs the Company may be called upon to bear as a result of V.A.T. or any other taxes or levies from time to time imposed. The Customer shall reimburse the Company in respect of such additional costs.
13. Suitable clean and safe access shall be afforded to the Company’s plant, materials and transport directly to the site and the point of laying.
14. The Customer shall be responsible for providing and maintaining adequate water supplies within reasonable distance of the areas being surfaced, with suitable access to the Company’s plant and shall make available a free site for offices and the stock-piling of the Company’s materials should this be necessary.
15. The Customer shall be responsible for the safety of the Company’s property and employees whilst on the Customer’s site and for complying with all statutory and other requirements relating to the site and in particular for all traffic control, temporary ramping, signing, watching and lighting and for observing the provisions of the Public Utilities Street Works Act 1950.
16. The Customer shall not without the Company’s consent allow any vehicles or plant to use the surfaces handed over to the Company or laid by them prior to the agreed stage completion and hand-over of the Company’s works.
17. The Company will accept no liability for any defects or subsidence arising from the unsuitability or weakness of the formation on which materials are to be laid and the Customer will ensure that such formation is of adequate strength to take the weight of the Company’s plant and loaded delivery vehicles up to the maximum legal Gross Vehicle Weight permitted on the Public Highway.
18. Should the Company be required to lay materials against, around or over kerbs, edging, walls, iron works or other structures the Company will accept no liability for any damage to these items caused by any reasonable pressures exerted on them as a result of the specified plant and methods employed to lay and compact the Company’s materials. Such structures should be of adequate strength to support the normal operating loads exerted by compaction equipment when it is necessary for the said equipment to pass over or adjacent to them.
19. The adjustment to final level of any covers and frames or other constructions within the area to be surfaced will not be carried out by the Customer until after the base course has been laid. The Company’s rates do not include for any works involved in setting ironworks to the finished level unless specifically itemised in this Quotation.
20. The formation presented to the Company shall be of true line and level and to falls which will in particular ensure the removal of surface water. To permit accurate laying of the Company’s materials the Customer shall provide and maintain accurate and suitable line and level control, the accuracy of which shall be the sole responsibility of the Customer. The cross-falls, cambers and longitudinal falls of the finished surface are deemed to comply with the minimum requirements of B.S.594: 1973 or other such official standards relating to the laying of coated materials that apply to this contract.
21. Where free edge work is specified the rates allow for the edge wastage on the various layers of the works but do not allow for any temporary form works or supports at the edge of the area to be surfaced where there are no kerbs. The Company cannot therefore be held liable for the cost of any additional sub-base or road-base provided by the Customer to accommodate the natural angle of repose at carriageway edges of materials laid by the Company.
22. (a) In the event of any delay to the agreed programme of works caused by the Customer then, without prejudice to its common law or statutory rights, the Company may at its discretion:
(i) If the delay occurs once the works have commenced, charge for standing time in accordance with the then current F.C.E.C. Dayworks Schedule, together with a charge in respect of reduced output and other consequential events; and/or
(ii) Agree a new programme in accordance with the provisions of Clause (b) hereof; and/or
(iii) Treat the Contract as terminated.
(b) Any variation to the works to be undertaken or to the agreed programme must be agreed in writing. Should such a variation involve the Company in additional costs, these additional costs together with an allowance for overhead recovery and profit, will be charged to the Customer.
23. Testing of whatever nature including sampling and testing of materials shall be carried out in accordance with British Standards or other relevant specifications. Unless specifically agreed otherwise, the Customer shall pay for any testing including transport of samples to the place of testing.
24. If this Quotation is submitted in accordance with a specification which the Customer has stipulated, the Company offers no warranty expressed or implied, that such specification is suitable for the intended purpose or for conditions which are encountered or have to be dealt with. Consequently, the Company can accept no responsibility whatsoever if events prove that the specification is not suitable. Similarly no responsibility is accepted if the Company is required to lay thickness outside the appropriate British Standards. The Company shall not be liable for any defects in respect of design.
25. In the event of the Customer requiring a surface texture to comply with Clause 917S of the D.O.T. Specification for Road and Bridge Works, the Company will use all reasonable endeavour to achieve this requirement, but the Company cannot guarantee compliance with the specification.
26. Should the Customer require Clause 702S in relating to Clause 918 or 2809 wearing course of the D.O.T. Specification for Road and Bridge Works to be complied with the Company cannot accept any liability should the Customer require the Company to carry out the works when the ambient temperature is less than 8 degrees C and/or the ground temperature is below 5 degrees C during the whole of the normal working day.
27. In the event of a period of maintenance being specified, such a period shall commence from the date of completion of the Company’s work. When work is carried out in phases there shall be separate completion dates for each phase.
28. The Company shall not be responsible for failure to perform which may be due to or result from (whether directly or indirectly) any causes or circumstances beyond the Company’s control and without limiting the generality of the foregoing such causes or circumstances shall extend to any Act of God, weather, any war hostilities (whether war be declared or not), invasion, act of foreign enemies, riot, civil commotion or disorder, rebellion, revolution, insurrection, military or usurped power, any strike or lock-out, and fire, accident, breakdown of machinery, and shortage of labour or materials, equipment or spare parts.
29. Unless otherwise provided for in any formal Contract Agreement which may be entered into by the parties in respect of the works and in the event of any dispute arising between the parties connection with the works the matter shall be referred to arbitration. A final decision made by an arbitrator agreed between the parties, or failing such agreement, appointed upon the application of either of the parties by the President for the time being of the Institute of Civil Engineers, shall be binding.
30. Where the works form part of a contract being carried out under the I.C.E. Conditions of Contract, the Company’s Quotation will be subject to the inclusion of “Blacktop Amendments” agreed by the F.C.E.C. in their letter dated 10th October 1968. Any Clauses of these Conditions not covered by any form of contract imposed by the Customer shall be incorporated into any such resulting contract.